Virginia Burglary Lawyer — What Are the Defenses to Breaking and Entering Charges?
Burglary in Virginia is a serious felony under Va. Code § 18.2-89, carrying severe penalties. If you are charged, securing a Virginia burglary lawyer is critical. Law Offices Of SRIS, P.C. provides a strong defense against breaking and entering charges. Our firm, founded in 1997, has extensive experience handling complex property crime cases across the state.
Virginia Burglary Law and Penalties
Burglary, often referred to as breaking and entering, is defined under Virginia law as entering a dwelling house at night with the intent to commit a felony, larceny, or assault. The statute is specific and the prosecution must prove each element beyond a reasonable doubt. A skilled burglary attorney can challenge the evidence on intent, entry, or the nature of the structure.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
The firm’s founder, a former prosecutor with a background in accounting, brings a detailed, analytical approach to building a defense strategy for these serious charges.
Official Legal Resources
Understanding the specific law you are accused of violating is the first step. For the official text of the burglary statute, refer to Va. Code § 18.2-89 (official Virginia General Assembly). For court procedures and filing information, you can visit the Virginia Judicial System website.
Building a Defense Strategy for Burglary Charges
Every burglary case hinges on the specific facts. A key procedural fact in Virginia is that the Commonwealth must prove you had the intent to commit a crime at the moment you entered. An effective burglary charges lawyer will meticulously examine the evidence for weaknesses in this chain. For instance, was the entry forced? Was it truly at night? Did you have permission to be there? Challenging any one of these elements can lead to a reduction or dismissal.
- Case Evaluation: Immediately after arrest or charge, consult with a Virginia burglary lawyer to review the warrant, statements, and police reports.
- Investigation: Your attorney will conduct an independent investigation, which may include visiting the scene, interviewing witnesses, and reviewing surveillance.
- Pre-Trial Motions: File motions to suppress evidence obtained illegally or to challenge the sufficiency of the prosecution’s case.
- Negotiation: Engage in plea negotiations with the Commonwealth’s Attorney to seek a reduction in charges or a favorable plea agreement.
- Trial Preparation: If no agreement is reached, prepare a vigorous defense for trial, focusing on creating reasonable doubt about intent or entry.
Potential Penalties for Burglary in Virginia
In Virginia, burglary is classified as a felony with a penalty range of 5 to 20 years in prison and a fine of up to $100,000, with enhanced penalties for armed burglary.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Burglary (Va. Code § 18.2-89) | Class 3 Felony | 5 – 20 years | Up to $100,000 | Permanent felony record, loss of firearm rights, difficulty securing employment/housing |
| Burglary while Armed | Class 2 Felony | 20 years to life | Up to $100,000 | Mandatory minimum sentences apply |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Property Crime Defense
Law Offices Of SRIS, P.C. was founded in 1997 by a former prosecutor. With over 120 years of combined attorney experience and more than 4,739 documented case results firm-wide, we have the depth to handle serious felony charges. Our approach is collaborative; for complex criminal defense like burglary, our team leverages diverse backgrounds. For instance, Of Counsel attorney Bryan Block, a former Virginia State Trooper with 15 years of law enforcement experience, provides invaluable insight into police investigation methods and evidence collection standards, which is crucial for a breaking and entering lawyer building a defense.
Documented Case Results
Our firm has a documented record of achieving favorable outcomes in criminal cases. Firm-wide across VA, MD, NJ, NY, and DC, we have 4,739+ documented results with a 93%+ favorable outcome rate. In burglary and property crime cases, favorable outcomes can include charges being reduced to misdemeanors, dismissed, or resulting in acquittals at trial.
Results may vary. Prior results do not aim for a similar outcome.
Contact a Virginia Burglary Attorney Near You
If you are facing burglary charges, time is of the essence. Our firm offers 24/7 phone consultations. We serve clients throughout all Virginia communities from our multiple locations. Our Fairfax location is centrally located for Northern Virginia jurisdictions.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions (Virginia Burglary Charges)
Is burglary always a felony in Virginia?
Yes. Burglary under Va. Code § 18.2-89 is always a felony, specifically a Class 3 felony punishable by 5 to 20 years in prison. A related charge, “breaking and entering” under § 18.2-91, can be a felony or misdemeanor depending on the value of goods intended to be stolen.
What is the main difference between burglary and robbery?
Burglary is a property crime involving unlawful entry into a structure with intent to commit a crime inside. Robbery is a crime against a person, involving the taking of property from someone else through force or intimidation. A burglary attorney focuses on intent and entry, while a robbery defense addresses force and theft.
Can I get a burglary charge expunged in Virginia?
It depends. Expungement in Virginia is generally available only if the charge was dismissed, you were found not guilty, or you received an absolute pardon. A felony conviction for burglary is very difficult to expunge. A property crime defense lawyer can review your specific case outcome to determine eligibility.
What are common defenses to a burglary charge?
Common defenses include lack of intent to commit a crime, mistaken identity, having permission or authority to enter the property (consent), or that the alleged entry did not constitute a “breaking.” A burglary charges lawyer will investigate all possible defenses based on the evidence.
Should I talk to the police if I’m suspected of burglary?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions and immediately request to speak with a Virginia burglary lawyer. Anything you say can be used to establish intent, a critical element of the crime.